Knowing The Law

The scars left behind from facing violence at the hands of an abuser can hurt us so deeply, that it can take years of rehabilitation to recover from them. Likewise, acts of Domestic Violence waged against us aren't just painful, they are also a crime.

 

It is critical to know the laws surrounding Domestic Violence, as they give us the tools necessary to help our selves and our loved ones seek retribution in regaining a sense of normalcy and protection in keeping safe from harm.

 

A History Of Violence

For centuries prior to the enacted Domestic Violence Laws of 1994 and 1996, it was commonplace for a husband to assault his wife, so long as the instrument of abuse was no wider than his thumb, later known as the “Rule Of Thumb”. And since there were very few legal protections for victims of Intimate Partner Violence, countless women stayed trapped within the volatility of terrorism, at the hands of their significant others, in their own homes.

 

The suffering endured by many women during these periods, spawned the organized efforts of many politicians, law-makers, and compassionate constituents who pledged to help lessen the plight of the countless women who suffered unfathomable abuse, disrespect, and who were likewise subjugated under the caste of misogyny.

 

As both the severity and urgency of Domestic Violence increased, several Federal and Local laws were enacted to protect women and children from Intimate Partner Abuses.

 

Domestic Violence Federal Laws

Violence Against Women’s Act (VAWA) : (1994, Amended In 1996) - Recognized Domestic Violence as a National Crime, allowing both the state and federal justice system to provide protection to victims of violence from abusive partners._[1]

 

Under VAWA, It Is A Federal Crime To:

Cross state lines or leave the scene of an incident upon physically injuring an intimate partner.

Cross state lines with the intent to stalk or harass.

Cross state lines to enter or leave the scene of an incident, having violated an Order Of Protection.

 

Gun Control Act (GCA) : (1994, Amended In 1996) - It became a crime in most circumstances for Domestic Violence perpetrators convicted of violent offenses to possess guns or ammunition. 

 

The GCA Act also prohibits a perpetrator who is subject to a Qualifying Protection Order to posses a firearm or ammunition.

 

**Federal Law, and the crimes categorized under them supersede local laws and statues, and are likewise known to provide harsher sentencing mandates than other types of criminal behavior.

 

Victim Rights Under Federal Law

Under Federal Law 42 USC Section 10606(b) **link , Domestic Violence Victims have the right to:

 

Be treated with fairness, respect, dignity, and privacy.

Protection from the accused offender.

Be notified of all court proceedings.

Be present at all public court proceedings related to the offense

Legal representation or conferral with the states attorney regarding the case.

Restitution To Include:

· Medical and Counseling Costs

· Physical Therapy

· Transportation Costs

· Temporary Housing

· Child Care Expenses

· Loss Of Income Or Wages From The Incident

· Attorney Fees

· All Other Losses Incurred By the Victim Resulting From The Offense

 

Obtain information about the connection, sentencing, imprisonment, and release of the offender.

 

Victim Rights Under State And Local Law

In an incident of Domestic Violence where the police have been called, the abuser might be arrested for committing a crime of violence.

 

Local laws and statutes can help victims of violence with the following criminal activity at the local level.

· Physical violence, including assault.

· Abuse using technology and electronic messages.

· Criminal sexual abuse.

· Kidnapping.

· Acts of torture or terrorism.

· Stalking.

· Revenge porn.

· Placing tracking devices or machinery or cell phones or other devices without your consent.

· Fraud or other unauthorized use of personal identifying information.

 

Restraining And Protection Orders

Restraining Orders are designed to protect Victims Of Violence by preventing an abuser from contacting a victim in any manner.

 

Typically There Are 3 Types Of Protection Orders

Emergency Protection Orders (EPO) - Grants an immediate stay away order to a victim of violence. Usually Police Officers responding to a Domestic Violence Complaint who asses imminent danger to any victims or children involved use their discretional jurisdiction to help keep an offender from a victim. The officer has the authority to call a presiding judge, day or night and ask for an emergency protective order. And upon approval, the order goes into effect immediately and can last up to 7 days.

 

EPO’s are designed to give a Victim Of Violence, children, and all other loved ones involved in violent circumstances, the chance to seek a permanent order of protection from the courts, while still remaining under legal protection.

 

Temporary Or Transitional Restraining Orders (TOTR) - Usually when a victim is applying for a protection order with the court and express imminent danger, the judge can provide a temporary protection order, while setting a hearing date, usually within 21  calendar days, for a permanent stay away order to be granted.

 

Imminent Dangers Include:

· Any Acts or Threat of Violence

· Perceived Fear Of Violence

· Acts or Threats of Harm Towards other Family Members or Children

· Acts or Threats of Harm Towards Family Pets

· Acts or Threats of Destroying Personal Property

· Acts of Cyber Terrorism

· Perpetrators with Ties To Deadly Gangs

· Acts or Threats of Child Abduction

 

After Hearing Protection Orders (AHPO) - Whether or not you get a temporary protection order, if there is a complaint on file with local law enforcement,  you will most likely  be scheduled to appear in court for an AHPO.

 

After court proceedings, a judge can then grant a semi-permanent protection order that can last  up to 5 years and can be extended up to another 5 years, or even indefinitely.

 

Extensions should be requested during the last 3-6 months of the AHPO and can be granted by a judge without proof of further abuse.

 

Restraining And Protection Orders can extend to  victims, children, or other household or family members  and protects a victim by:

 

Ordering The Perpetrator To Abstain From:

Threatening, Assaulting, Abusing, Following, Stalking, Destroying your Property, or Coming within A Certain Distance of You Or your Loved Ones.

 

Disturbing the peace of, Harassing or Making Contact with you, directly or indirectly.

 

Living in the home with a victim. A judge can order an abuser to be removed from the home you both reside in. Even if you don’t own the home or aren't on the lease, a judge can grant you access to the premises to gather your things or as a transitional dwelling while you find other means of housing.

 

Purchasing or possessing firearms or ammunition.

 

Granting:

Exclusive care or possession of children or pets and order abusers to stay away from or not harm them.

 

Possession of the things you own together, such as houses, cars, and electronics. A judge can also order the abuser to pay ongoing debts associated with these things.

 

Custody and arranged visitation for any children involved.

 

The victim legal rights to transfer joint cellular phone accounts into their name alone, to keep existing phone numbers.

 

Anything else you request that the judge agrees to.

 

Ordering:

The abuser to pay fees incurred from loss due to the Domestic Violence Incident, such as loss of wages, medical expenses, attorney fees etc.

 

That the abuser take Domestic Violence or Batterer’s treatment classes.

 

The abuser to pay spousal support.

 

Victim Rights And Child Custody:

Custody laws exist to protect victims of violence and children involved in Domestic Violence disputes.

 

In most Domestic Violence cases involving children, a custody order must be established. Custody hearings ascertain who will acquire custody of children based on evidentiary findings that support:

 

· What is in the child’s best interest, relating to  their psycho-social health, familial attachments or bonds to caregivers.

 

· The ability or willingness of the adults involved to care for the children.

· The economic strengths of caretakers.

 

· The willingness of caregivers to meet the educational needs of the children.

 

· The ability to meet the medical and health provisions of the children.

 

· The ability of caregivers to foster affirmative or supportive relationships with the children.

 

· Violence factors of caregivers, such as whether or not there is a history of violence, sexual predatory behavior, etc.

 

· The child’s preference.

 

A Few Things To Note:

Abusers often use children as “flying monkeys” to terrorize victims, and have been known to use children as objects of leverage to force victim compliance and submission by threats of harm or abduction.

 

If you feel that your abuser might hurt or abduct your children, be sure to express these concerns to the judge, and in some states, they can issue an emergency order, granting you temporary custody until a permanency custody decision has been made.

 

A judge can also issue an immediate order restricting a perpetrator from crossing state lines with your children.

 

Likewise, consulting with a Family Law Attorney or visiting a law library can help you with custody laws. There are a plentitude of self-help guides and free legal help as well.

 

If you don’t feel safe going to court alone, you can  bring a “support person” with you. A support person can be anyone you choose and they don’t need to have any special training.

 

Rental And Housing Laws

If you are a Victim Of Violence, you may be able to be released from your lease without penalty or future rental pay obligations.

 

Likewise, victims might also be allowed to reside in a residence once shared with an abuser, even if they aren’t the legal tenant. Check the laws in your local area for legal specifications on Rental And Housing Laws.

 

Women who face the threat of violence are also eligible for housing grants that  help to provide a safe and stable environ free from violence.

 

Protection From Violence

In instances of violence, knowing the law can SAVE LIVES! Domestic Violence Laws protect victims and their families from perpetrators and can help prevent future violence and harassment.

 

If you or someone you know is in an Abusive Relationship...GET HELP IMMEDIATELY! As an abuse survivor myself, I can personally attest that the abuse only gets worse, and can be deadly.

 

For more information on the Domestic Violence Laws in your state, go to WOMENSLAW.ORG.

 

There Is Hope...There Is Help. OASISAGAINST VIOLENCE.

 

 References